Fighting Over His Millions

The following article is taken from au issue of the San Francisco Examiner, and the party of whom it speaks, Calvin W. Kellogg, was once a merchant here, and was well known to all of the older people of our city and county. The paper has been passing around among the older inhabitants here for several days, and we give the article place, because of the interest it has to them. Calvin W. Kellogg was rich, and beiug dead his estáte is the stake of a fierce contention. He was a liquor dealer, a member of the firm of Wilraerding&Co. His widow, whom he married a short time before his death andvery soonafter his divorce froni his second wife, is the principie beneficiary of his will and of certain deeds executed a sliort time prior to his death. The children contest the disposition he made of his property. The papers filed yesterday indícate a bitter struggle wlieu the will is offered for probate by the widow toinorrow morning. According to a sworn affidavit made by W. E. Donnellan of 1406 Mason street, who was an intímate friend of Mr. Kellogg, the merchant's own son was excluded from his bedside just a few days prior to his death. STORY OF A FRIEND. "On the last day of January of this year," relates Mr. Donnellan's affidavit, "I saw the notice of an application for divorce between Rispah Kellogg and Calvin W. Kellogg. As soon as I saw it I went to his store. He told me about his domestic trouble and his business, and we talked of his son Edward. He also spoke of his house at 2009 O'Farrell street, and stated that he intended it should become the property of Ella (Mrs. Gilroy). He was very mad that day about somthing, and it was the lirst time in my life that I ever heard Mr. Kellogg swear. " Young Edward Kellogg accompanied me to his father's home on February 13th. That day I noticed and so told my wife, that Mr. Kellogg looked verj badly. He was unshaven, untidy and talked and looked queerly. On Marcl lst I went to the store, and they told me Mr. Kcllogg was sick. AVhen I went to the house I met Mr. Kellogg in the smoking room, alone. He seemed like a yery sick man. We talked quite a while, when Mr. Belknap carne in Mr. Kellogg got up, and in a very nervous manner, holding on to his right side, hid a bottle of medicine behind an ornament on the mantel. "The conversation became genera] and Mr. Kellogg said ; 'I have your doctor, Belknap ; he must be a good one, for he tells me to drink all the champagne and whisky I can and to eat porterhouse steaks and to live high.' He also said : 'He is going to bring a specialist on kidney trouble this afternoon.' At that time Mr. Kellogg did not say one word about beiug married. I saw three women in the garden, and -is I canie out one of them passod me in the hall, but didn't speak. SUSPICIOÜS OF THE VISITOR. "I have since learned that it was Mrs. Kellogg, No. 3. These three women while in the garden looked through the window twice at me very sharply; once while Mr. Kellogg and I were alone, and once while Mr. Belknap was present. "On March 5th I started to go to Mr. Kellogg's house when I met his son Edward, who said, 'Father is married ; I saw the notice in this morning's paper.' I went to the house and the doctor was there. While I was waiting Mr. Belknap was aunounced. The wife's rnother met Mr. Belknap in the hall and said, 'Do you wish to see Mr. Kellogg?' He said, 'No, I wish to see Mrs. Kellogg alone.' Mrs. Kellogg, No. 3, carne down stairs, and she and Belknap went into the smoking-room. As they carne out I heard her say, 'It must be done today.' As they carne toward me she said, 'Is this gentleman with vou?' Belknap said, 'No, he is a friend of Mr. Kellogg's.' He introduced us and I said, 'I did not know until this morning that there was another Mrs. Kellogg.' I then told her who I was and what a dear friend Mr. Kellogg was to me, and offered to sit up nights with him. j told Mrs. Kellogg, No. 3, thatl had sent up my name by a lady (whom I afterwards learned was her mother). I wrote it thus : 'W. E. Donnellan' ('Billee') "Mrs. Kellogfir, No. 3, told me to wait in the parlor and she would go up and see the doctor, as she had to get instructions from him. I waited, and after the lady who took mv card np came down with a lady she called Mrs. Davis (of Eoss Valley). She said to me, 'I cannot niake Mr. Kellogg remember anybody named "Billee".' SAID HEB HUSBAND WAS F1.KIIITY. "I said that was very strange, as he liad known me all his life as 'Billee.' I have played with his children and never went by any other name. I gaid he must be a very sick man if he could not remember me. She said, 'He is, he is flighty.' I said, 'Don't you ladiefi need someone to help you nurse him ? I will come here nights and take care of dm.' She said : 'We ave thinking of liring a professional nurse, but cannot you come back this afternoon?' "She seeined anxious to get rid of me. I saidl would return prepared to stay with Mr. Kellogg all night. I went outside and asked tlie colorei man in the doctor's buggy what doctor it was and where his office was. He said it was Dr. Parsons and his office was in the Phelan Building. "Some time later I called on Dr. Parsons and told him I was a lifelong friend of Mr. Kellogg and had frequently had charge of his son Edward. He held the door and did not ask me to step into the office. I said to him : 'You are Dr. Kelogg's physician, are you not?' '■He said, 'Yes, what about it?' in a short, snappy manner. He said, 'Mr. Kellogg is a very sick man, and if you go to talking to him he will get flighty. You may go to the house and present your oard ; maybe you can see him.' "I proposed that I stay with Mr. Kellogg at night, and he said, 'They don't want any nurse.' DKESSED AS A BRIDE. "I went out to the house again at 3 p. m., as the doctor was to be there at 4 p. m. I rang the bell at least ten minutes; tl. en Mrs. Kellogg, Xo. 3, opened the door. She was dressed in a pink dress trimmed with white ribbon bows, a rose in her hair, rouge and powder on her face. "She smiled very sweetly and said: 'I aai very sorry I cannot let you see Mr. Kellogg, as he is very much better, and I do not wish to disturb him.' "I said I was glad and that was all I wanted to know. "She said, 'Wou't you cali again in a few days,' and I left the house. "On the sidewalk in front of the house I met the stablemaii, who asked me how Mr. Kellogg was. He said : 'I was up with him last night and he was very bad; he was out of his head and would not talk as he did before.' "I was not admitted until Sunday, March 24th, at 1 p. m., wlien I took his son Edward out to see him. Mrs. Kellogs No. 3 carne downstairs. I said "This is Mr. Kellogg's son Edward We wish to see his father. "She said, 'I am very sorry, but Mr Kelldg is very sick and you cannot see him.' "I said, 'Do you take the responsibility of refusiug us seeing Mr. Kellogg? "She said, 'Yes, of course I do, o course I do.' "Then his son spoke up. 'Do you take the responsibility of refusing me to see my father?' "She said, 'Well, you step into the back room and I will make him teil yoi with his own lips what you will not take frorn me.' "She then went up stairs and re mained a long time. Finally she came to the head of the stairs and said : 'Come up.' "Edward and I then went up anc iuto the room where Mr. Kellogg la}' ii bed. I walked round the bed and Mr Kellogg put out his hand and shook mine heartily and said : 'How are you Billee?' THE SON AT THE HEDSIDE. "I replied : 'Mr. Kellogg, I am'verj sorry to see you so sick,' "As I spoke Mrs. Kellogg tapped witl her hands on the bed to attract his at tention toward the other side of the bec where she was standing. "Mr. Kellogg looked wildly, first at her and then at me, and said : 'Billee I am astonished.' "I said: 'At what, Mr. Kellogg?' "He replied: 'At your coming here and raising a disturbance.' "I said: 'I raise a disturbance, how? "Then Mrs. Kellogg broke in saying 'Yes, I told you you could not come up that the doctor forbade it, that he has had a relapse, that he is much bettei and that you will make him worse.' "I paid no attention to Mrs. Kellogg I said to the sick man, 'I am ' the lasi person in the world that would raise a disturbance in your house, as you wel know. I have called three orfour times and could not see you, and you know the relations between us. Then Mr Kellogg raised his hand and looked at me piteously and as though he was confused. "Jt seemed tome as if there were two persons, my dearold friend who graspec my hand, and the other like a child repeating a lesson. I grasped the situatiou and said, 'Well, if that is the waj you feel about it, Mr. Kellogg, I had better withdraw. Come Ed.' ■'.His son and myself walked down stairs. Mrs. Kollogg followed us down and as we opened the door to go ou she said sueeringly : 'Are you satisfiec now?' "Edturned to her and said: 'I'l make you satisfled?' "I said 'Thanks; don't let that worry youalittle bit.' "On March 7th I had my wife write to Mrs. Gilroy telling her of her father's illness, and I registered the letter." WILL AÏ.T.EGE ÜNDUE INPLDTSNCB. The efforts of the contestant are di rected to show that at the time of ap plying for the divorce from Mrs. Rizpal Kellogg, Calvin W. Kellogg was unfittet to transact business, and that even thei Bright's disease, from which he was suffering, was apparent. It is estimated that the estáte of Mrs Eizpah Kellogg is worth in the neigh borhood of three-quarters of a millioi dollars, all of which was given to her [uring the eighteen years she was wedled to Calvin Kellogg, and a large porion of which was deeded to her on conlition of permitting her husband to obain the divorce three days after lie applied for it without any opposition. A suit in equity is contemplated to ask that the court declare the property iov held by Mre. Rizpali Kellogg, the second wife, a trust for the benefit of he four children of the deceased man. There is also evidence to show that he beautiful home at 2009 O'Farrell street, which was deeded to Mrs. Bizpah Kellogg several years ago, was retrausferred to Calvin W. Kellogg before his marriage to Mrs. Mary E. Massey, on February 26tb, twenty-eight days after the divorce was grauted. Ón March 7th this property was deeded to Mrs. Kellogg No. 3- a bride of nine days. IN THE FAMILY BEBIDENCE. The contestants will set up in support of a petition for nullification of this deed that Calvin W. Kellogg was unduly infiuenced at the time he executed it. He made his will on the same date. Mrs. Gilroy is the only daughter of Calvin W. Kellogg by his first wife, from whom he was divorced twentv years ago. She was her father's favorite child, and he is quoted by friendsas speaking frequently of his intention to give to her the home on O'Farrell street. Mrs. Mary E. Massey, who was married to Calvin W. Kellogg about six weeks before his death, was just half tbe age of her husband. He was seventy-two and she is thirty-six years of age. She was Miss Becker, but several years ago married a man named Massey who died a few months after the marriage. The young widow flrst met Calvin W. Kellogg about seven years ago and he has provided residences in San ;Rafael and other places for her for a long time past. The history of the last eighty-four days of Calvin W. Kellogg's life ma; thus be epitomized : January 26th, applied for divorce. January 29th, divorce granted. February 26th, married to Mrs. Mas sey. March 7th, deeded the house wort! $30,000 to Mrs. Massey Kellogg. March 7th, made his will. April 12th, died. -■